Anyone can claim unfair dismissal and go to the Industrial Tribunal. Employers have to spend fortunes on legal fees, costs associated with staff having to attend tribunals etc. Whilst dismissed employees can go through the entire process with little or no cost at all.
The current setup of the tribunal is very heavily weighted in favour of employees. The employee should be forced to prove beyond reasonable doubt that there is a case to answer and where this cannot be proved the case should not be allowed to proceed.
Where a case does go ahead and is subsequently lost by the dismissed employee they should be held liable for all the costs incurred by the employer and they should be forced to pay back the money, even if this means having to sell or remortgage property.
This would deter those who submit claims knowing that they have no chance of winning, just because they have nothing to lose and have little or no expense in doing so.
It is time the law was given a serious overhaul and employers and managers were given equal protection under law similar to dismissed employees.
Why is this idea important?
In these times of econmic down turn, every penny is important and even moreso to business. So much money and time is wasted by companies and organisations in preparing and attending tribunals, money and time that could be better spent in job creation and investment in businesses.
There needs to be a fair and level palying field for employers and employees, with the assurance for employers, companies and organisations that they will have all costs reimbursed if they win the case.